Judge decides Kubsch received fair trial

Mother recalls slain daughter, horror of triple homicide.

Mother recalls slain daughter, horror of triple homicide.

January 09, 2009|JOHN PAUL WSBT News

MISHAWAKA -- It took the judge two months to write an 81-page order. But one word -- denied -- was all it took to bring Diane Rasor and her family one step closer to justice. Superior Court Judge Jane Woodward Miller on Wednesday denied Wayne Kubsch's petition for post-conviction relief. In 1998, Wayne Kubsch was convicted of killing Rasor's daughter, Beth; her grandson, Aaron Milewski; and his father, Rick Milewski. Kubsch, now 41, was sentenced to death. Diane Rasor opened her photo albums for a trip down memory lane. Four photo albums feature hundreds of snapshots that show Rasor and her family during their best times. And some photos show their darkest days, like visits to the St. Joseph County Courthouse for several trials and court hearings. "Before this happened to us, I could see it on TV or read it in the newspaper and you sympathize with people," Rasor said. "But you have no idea what they go through; you just have no idea how they actually feel and what they actually have lost and suffered." Rasor and her family are familiar with loss. Rasor has also grown familiar with appeals and the legal process. "The first time when they overturned our first trial, it was just devastating for us," she said. Since the bodies of her family members were discovered at a home in Mishawaka, the years have passed. Rasor has noticed the number of appeals have increased, too. Kubsch's previous appeal was in 2005. His most recent court appearance was last October. "I've had a rough year this year," Rasor said. The holidays did not make waiting for the judge's decision any easier. "Of course we're always anxious," Rasor said. "Because we just never know what a person's going to decide." The evidentiary hearing from Oct. 14-17 considered whether Kubsch received a fair trial. Miller's 81-page order contained procedural history, factual background and her judgment. But Rasor said the ruling does not provide closure. "We know that he (Wayne) has 30 days to file another appeal," Rasor said, "and that this appeals process can go on for approximately another 10 years." Rasor said she'd like for this entire ordeal to be over. "But we know it's not going to be," she said. "You just keep hoping that he will reach a point where he'll want to just tell us why." As Rasor turns another page, she finds her daughter's smiling face. "Beth was the type of person that, she just made everything special," she said. That's not just a memory, but motivation. "We would at least feel that we have justice when he is gone," Rasor said.